14 Misc. 2d 755 | N.Y. Sup. Ct. | 1958
The Governor of this State having issued his rendition warrant to remove the relator, Paul Tumminia, to Puerto Rico as a fugitive from justice and the relator having sought out a writ of habeas corpus to vacate the Governor’s warrant, a hearing was held before the court on the said writ of habeas corpus, at which time the District Attorney made proof as to the pertinent facts, to wit: (1) tha.t a crime was committed under the laws of Puerto Rico; (2) that the relator was in the demanding State at the time of the commission of the crime and (3) that he was the person named in the information and the warrant; and the relator having been heard in opposition thereto, and upon due deliberation, the writ of habeas corpus is dismissed and the prisoner is remanded.
In the case at bar the petitioner or relator, the father of the child, entered into a separation agreement with the mother wherein custody was given to the said mother with the rights of visitation by the father. The agreement provided that the party of the second part, to wit, the wife, was not to move the infant issue of the marriage outside of the territorial confines of the Borough of Brooklyn without the consent of the party of the first part, to wit, the father, except for a period of two weeks in the summer season of the year, and when this occurred the party of the first part should receive written notification of the address where the said infant issue of the marriage was spending the vacation. The mother, without the consent of the petitioner or relator, the father, took the child to Puerto Rico in violation of the said agreement. Thereafter the father went to Puerto Rico and brought the child back to his home in Brooklyn. On these facts the court feels that the criminality on the part of the father is questionable. However, giving full faith and credence to the information of the authorities in Puerto Rico and the Governor’s warrant, as is provided for in the Uniform Criminal Extradition Act, the court is limited in its inquiry as above set forth.
Therefore the writ is dismissed, the prisoner remanded and the said relator shall be surrendered to the officer of the demanding State.
Settle order on three days’ notice.